Legals for June, 5 2022
No. 28651 PUBLIC NOTICE NO. MT-22-11 May 31, 2022 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to modify the Municipal Separate Storm Sewer Systems General Permit. This permit is modified by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); and Sections 402 and 303 of the Federal Clean Water Act. The Water Protection Bureau has prepared a draft modified permit. Copies of the draft modified permit, fact sheet, and environmental assessment are available upon request from the Water Protection Bureau or on the Department's website https://deq.mt.gov/public/index APPLICANT INFORMATION PERMIT/CATEGORY: General Permit; Storm Water Discharges Associated with Small Municipal Separate Storm Sewer Systems (MS4s) GEOGRAPHIC REGION: Statewide FACILITIES: Owners / Operators of Small MS4s RECEIVING WATER: State Surface Waters PERMIT NUMBER: MTR040000 This permitting action is the major modification of the recent renewal of the General Permit for Small MS4s that was issued February 14, 2022. The Department of Environmental Quality (DEQ) was requested to clarify wording. The scope of this major modification is limited to clarification of similar wording in different subparts of Part II(A)(2): Illicit Discharge Detection and Elimination. PUBLIC COMMENT Public comments are invited and must be received by 11:59 p.m. on JULY 1, 2022. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked by 11:59 p.m. on JULY 1, 2022, will be considered in the formulation of final determinations to be imposed on the permit. If you wish to comment electronically, you may e-mail DEQWPBPublicComments@mt.gov The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The administrative record, including the permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-22-11 MAY 31, 2022 June 5, 2022 MNAXLP _________________________
No. 28671 Shorts-Evers Timber Sale: The Montana Department of Natural Resources and Conservation, (DNRC), Stillwater Unit is proposing to harvest 1 to 3 million board feet (MMbf) from within a 1,440-acre project area surrounding Shorts meadow and Evers Creek, 13 miles west of Whitefish in Flathead County, S13, 14 & 24 T31N R24W. The proposed sale would generate revenue for the Public Buildings and School for the Deaf and Blind Trusts. The Montana DNRC is in the scoping phase of the project environmental assessment and invites written comment and suggestions concerning this proposal to be sent in by July 1st, 2022, to MT DNRC Stillwater Unit, PO Box 164 Olney, MT 59927; phone: (406) 881-2675; email: Joseph.Rizzi@mt.gov Sincerely, /s/ Colleen Ness Colleen Ness Office Manager Stillwater Unit MT DNRC June 5, 2022 MNAXLP __________________________
No. 28663 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on September 30, 2022, at 11:00 AM at the East door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT, the following described real property situated in Flathead County, State of Montana: Lot 40 of Wettington Acres, Phase 2A, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 278 Swiss Drive, Kalispell, MT 59901. Jason Micklewright, as Grantor, conveyed said real property to Insured Titles, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mann Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on March 7, 2018, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on March 7, 2018 as Instrument No. 201800004520, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: PennyMac Loan Services, LLC Assignment Dated: August 19, 2019 Assignment Recorded: August 19, 2019 Assignment Recording Information: as Instrument No. 201900019018 All in the records of the County Clerk and Recorder for Flathead County, Montana Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on April 29, 2022 as Instrument No. 202200011095, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning September 1, 2019, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $259,234.88, interest in the sum of $35,158.65, escrow advances of $5,523.60, other amounts due and payable in the amount of $243.07 for a total amount owing of $300,160.20, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee's Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 18th day of May, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT10436 May 29, June 5, 12, 2022 MNAXLP __________________________
No. 28667 LIBBY PUBLIC SCHOOLS Request for Bid Telephone Service VOIP Introduction The Libby Public Schools (hereinafter known as "LPS") is looking for a qualified company to provide modern, on-premises, phone system. We will be moving from a standard POTS to SIP trunking. Additional information may be requested/scheduled with Ron Goodman, LPS Superintendent, 406-293-8811. Task List for Qualified Vendor Prepare a quote for modern on-premises phone system that considers the following criteria: Voice over IP, on-premises phone system 160 IP based handsets with passthrough port for computer Modern IP based conference phone Plan for replacement of six fax lines and fire alarm needs Labor for configuration, installation and set up Training for end users Training for administration Contractors may obtain the Construction Documents from Libby Public Schools Superintendent Ron Goodman, 724 Louisiana Avenue, Libby, MT 59923, and Phone (406) 293-8811. Construction Documents and Specifications are available in hardcopy and/or electronically. Bid will be submitted to the LPS on or before June 17, 2022 at 3:00 PM. Sealed and/or Electronic Bids will be received by the Office of the LIBBY PUBLIC SCHOOLS, 724 Louisiana Ave., Libby, MT 59923, until 3:00 PM Local Time, Friday, June 17, 2022. Bids will be accepted via hardcopy or electronic media to goodmanrw@libbyschools.org. Proposals received after this time/date will not be considered. Bids will be publicly opened and read aloud immediately thereafter at the Central Administration Building Superintendent's Office. All Sealed Bids must be clearly marked, "LIBBY PUBLIC SCHOOLS VOIP TELEPHONE SYSTEM". Submittal Procedures Submit the following information in response to this Request for Bid: Bid that includes costs associated with Scope of Work deliverables Include a Timeline Other information that is deemed important to the project Notice of Award After the Evaluation Committee has reviewed all proposals, each qualified vendor will be notified of their status. All notifications will be completed by June 21, 2022. Libby Public Schools reserves the right to reject any and/or all bids. May 31, June 5, 2022 MNAXLP __________________________
No. 28635 ADDENDUM NO. 1 for Lift Station #9 Replacement Project INVITATION TO BID, City of Kalispell, MT The provisions of this Addendum Number 1 shall apply to and be a part of the Bidding and Contract Documents for the Lift Station #9 Replacement Project. Bidders shall acknowledge the receipt of this addendum through the QuestCDN VBid submittal process. Receipt of bids through QuestCDN has been moved from June 14, 2022, to June 21, 2022, at 10:30 a.m. All bids will be publicly opened and read aloud at 10:30 am on Tuesday, June 21, 2022. An additional publication date for the legal ad has also been added for June 12, 2022. INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the Lift Station #9 Replacement Project. The project primarily consists of furnishing materials, labor, and equipment required to install a new 500 gpm submersible lift station, pipe bursting 90 feet of 8-inch pipe to 10-inch pipe, 147 feet of 10-inch force main, bypass pumping, abandoning an existing lift station and connections to existing gravity mains. Also included in this project is a Bid Alternate which includes boring a portion of the force main rather than pipe bursting. Plans and specifications, and full bidding requirements may be examined beginning May 22nd, 2022, through QuestCDN. The City of Kalispell portal to QuestCDN is located on the City of Kalispell website at https://kalispell.com/bids.aspx. The City will be only be accepting online electronic bids through QuestCDN. A Pre-Bid Meeting will be held in the City Hall Lower-Level Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 10:30 AM on Tuesday June 7th, 2022. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 10:30 AM on JUNE 21, 2022. All bids will be publicly opened and read aloud at 10:30 am on Tuesday June 21, 2022, in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 16th, 2021. City of Kalispell, Aimee Brunckhorst, City Clerk & Communications Manager May 22, and June 5, and June 12, 2022 MNAXLP __________________________
No. 28652 PUBLIC NOTICE NO. MT-22-10 May 31, 2022 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to issue a wastewater discharge permit to the facility listed in this notice. This permit is issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); and Sections 402 and 303 of the Federal Clean Water Act. The Water Protection Bureau has prepared a draft permit for the facility listed below. Copies of the draft permit and fact sheet are available upon request from the Water Protection Bureau or on the Department's website https://deq.mt.gov/public/index APPLICANT INFORMATION APPLICANT NAME: Westmoreland Rosebud Mining, LLC Castle Rock Road Colstrip, Montana 59323 FACILITY NAME: Rosebud Mine Area B AM5 FACILITY LOCATION: 45o 52' 13.00" N latitude, 106 o 38' 14.00" W longitude Castle Rock Road Rosebud County RECEIVING WATER: Lee Coulee, Fossil Fuel to Lee Coulee, tributaries to Fossil Fork, tributaries to Richard Coulee PERMIT NUMBER MT0032042 DEQ proposes to issue a new Montana Pollutant Discharge Elimination System (MPDES) permit for the Rosebud Mine Area B AM5. Westmoreland Rosebud Mining, LLC is the owner and operator of the proposed surface coal mine located near Colstrip, Montana. In the draft MPDES permit, DEQ proposes effluent limits, monitoring requirements, and special conditions at each outfall developed specifically for the Rosebud Area B AM5 coal mine to protect the beneficial uses of the receiving water bodies. Outfalls 001 through 018 propose to discharge mine drainage to Lee Coulee, Fossil Fork to Lee Coulee, tributaries to Fossil Fork, and tributaries to Richard Coulee. The draft permit includes the following: TBELs for iron, total suspended solids, settleable solids, pH; WQBELs for oil and grease, electrical conductivity, and sodium adsorption ratio; and special conditions for the management of discharges. PUBLIC COMMENT Public comments are invited and must be received by 11:59 p.m. on JULY 1, 2022. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked by 11:59 p.m. on JULY 1, 2022, will be considered in the formulation of final determinations to be imposed on the permit. If you wish to comment electronically, you may e-mail DEQWPBPublicComments@mt.gov During the public comment period provided by the notice, the Department will accept requests for a public hearing. A request for a public hearing must be in writing and must state the nature of the issue proposed to be raised in the hearing (ARM 17.30.1373). The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-22-10 May 31, 2022 June 5, 2022 MNAXLP _________________________
No. 28653 SECTION 001000 - INVITATION FOR BIDS AGATE COURT HOUSING PROJECT The Salish & Kootenai Housing Authority (hereinafter, "OWNER") will receive bids at 56243 U.S. Hwy 93, Pablo, MT 59864 until 3:00 p.m. local time, June 21, 2022, and then at said office publicly opened and read aloud, for the construction of the Agate Court Housing Project. Bidding: BIDS will be accepted for consideration, until 3:00 p.m. local time on June 21, 2022, at the office of the Salish & Kootenai Housing Authority, in Pablo, Montana. Bids must be submitted in a sealed envelope (bidders submitting bids for multiple Lots may use one envelope) addressed to the Salish & Kootenai Housing Authority 56243 U.S. Hwy 93 Pablo, MT 59864 (if shipped) or Salish & Kootenai Housing Authority P.O. Box 38, Pablo, MT 59855 *if mailed*. Each sealed envelope containing a BID must be plainly marked on the outside as "BID for Agate Court Housing Project Lot # or Lots # __, #__." Bidder to indicate Lot Number(s) they are bidding on, and the envelope should bear on the outside, the name of the BIDDER, his or her address and his or her contractor license number. If forwarded by mail the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER. All BIDS shall be submitted on the form provided in the specification Documents. All blank spaces must be filled in, in ink or typewritten. The BID form just be fully completed and executed when submitted. Any BIDS with conditions or qualifications will not be accepted only one copy of the BID form is required. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. No BIDDER may withdraw a BID within thirty (30) days after the actual date of the opening thereof. Should there be reasons why the CONTRACT cannot be awarded within the specified period, the time may be extended. Each BIDDER will provide a subcontractor and supplier list with their BID. *Mail delivery first passes through the Tribal mail room and is then delivered to the Housing Authority. Mailed BIDS, therefore, may not be received by the Housing Authority office before the BID Closing time and date unless mailing is allowed extra time. Mailed BIDS received by the Housing Authority after the BID closing time and date, will be considered non-responsive and will be returned unopened. The BIDDER will be responsible to ensure its mailed BID has been received before the BID Closing time and date. BIDS received after this time will not be accepted. No faxed BIDS will be allowed. Pre-BID Conference: A Pre-BID Conference will be held on June 7, 2022, at the Salish and Kootenai Housing Authority in Pablo, Montana, at 3:00 p.m. local time. All BIDDERS are required to attend. BID Documents: Project documents are available at www.architectswestplans.com. Bidders may download digital files at no cost; Hardcopy sets are available with a refundable deposit of $200 per set plus a non-refundable fee of $30 per set for handling to be submitted by separate checks. General Contractor may obtain two set of documents; Mech/Elec/First Tier subcontractors may obtain one set of documents via checks payable to Architects West and mailed to Abadan Reprographics, 603 E. 2nd Ave Spokane, WA 99202. Deposits will be returned on receipt of documents for a period of ten days after bid opening, provided they are complete and in clean, usable condition. Additional or partial sets may be purchased. Bidders are required to register as a plan holder at www.architectswestplans.com, and select "Add me as a Plan Holder". Questions regarding the plan room contact Auron (509) 747-2964 or repro@abadanspokane.com. A complete set of contract documents will also be filed with: Exchanges of Montana: (Missoula, Kalispell, Billings, Great Falls, Bozeman, Butte, and Helena) Associated Builders & Contractors, 1760 E. Trent Ave., Spokane, WA 99202 Abadan Regional Plan Center, 603 E. 2nd Ave. Spokane, WA 99202 Associated General Contractors, 1649 W. Shoreline Dr., Ste. 100, Boise, ID 83702 Spokane Regional Plan Center, 209 N. Havana, Spokane, WA 99202 BONDS: A BID GUARANTEE of not less than 5% of the total BID amount, payable to the OWNER, is required for all BIDS in excess of $25,000. The BID guarantee shall be a certified check, bank draft, U.S. BOND at par value or a BID BOND secured by a surety company. Personal checks are not acceptable. If Bidder is submitting a bid on multiple Lots, submit one combined Bond. The BID GUARANTEE will not be returned until the PERFORMANCE and PAYMENT BONDS are verified, executed and approved after which it will be returned. The proposal procedures and award of the CONTRACT will be conducted in accordance with the Instruction to BIDDERS (form HUD 5369), General Conditions of the CONTRACT for Construction (form HUD 5370), and the selection of the successful contractor and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes Indian Preference Ordinance 101A, in its most current form. A Performance BOND and a Payment BOND each in the amount of 100 percent (100%) of the CONTRACT price (with a corporate surety approved by the OWNER) will be required to ensure faithful performance of the CONTRACT. Attorneys-in-fact who sign BID BONDS or Payment BONDS and Performance BONDS must file with each BOND a certified and effective date copy of their power of attorney. The party(s) to whom the CONTRACT(s) are awarded will be required to execute the CONTRACT and obtain the Performance BOND and Payment BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary CONTRACT and BOND forms. In case of failure of the BIDDER to execute the Contract, the OWNER, at his or her option consider the BIDDER in default, in which case the BID Bond accompanying the proposal shall become property of the OWNER. Within ten (10) days of receipt of the NOTICE OF AWARD, BIDDER shall sign the CONTRACT and return to such Party two executed duplicates of the CONTRACT, the acceptable Performance BOND, Payment Bond and Contract signed by the Party to whom the CONTRACT was awarded. Once the OWNER receives these documents they shall have fifteen (15) days to receive attorneys review and sign the CONTRACT. If the OWNER does not execute the CONTRACT within such period, the BIDDER may by written notice withdraw his or her signed CONTRACT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within fifteen (15) days of the execution of the CONTRACT by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period; the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the CONTRACT without further liability on the part of either party. This is an Indian Preference BID. Tribal Contractors who wish to receive Indian Preference must obtain certification by the Indian Preference Office as a legitimate Indian-owned business prior to the submission of BIDS. Proof of Indian Preference Certification must be included with your BID in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of your membership or affiliation with a Tribe does not constitute Indian Preference Certification. You must be certified by the Indian Preference Office in order to claim preference. It is the sole responsibility of the BIDDER to obtain and provide proof of Indian Preference Certification from the Indian Preference Office. Contact Melinda Charlo, (406) 675-2700, ext. 1045, or indianpreference@cskt.org. The project is funded by the Salish & Kootenai Housing Authority, therefore a Davis Bacon Wage rates are provided. This overall project is comprised of five (5) detached single family two-bedroom homes each on a specific Lot, with two being handicap accessible homes. Bidders may submit bids for one Lot/Home, or any number of Lot/Homes up to all five (5). Each BIDDER is responsible for reading and being thoroughly familiar with the BID Documents. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation to his or her BID. Right to reject any and all BIDS: This advertisement for BIDS does not commit the OWNER to award a CONTRACT, nor to pay any costs incurred in the preparation of the BIDS or to the procurement of supplies. The OWNER reserves the right to reject any and all BIDS, if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the CONTRACT and to complete the work contemplated therein, to waive any informalities or irregularities and to re-advertise when it is in the best interest of the OWNER. The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the work, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. For questions, contact the Housing Authority: (406) 675-4491, ext. 1520, or nmichel@skha.org. Nolan Michel, Construction Coordinator Salish & Kootenai Housing Authority P.O. Box 38 Pablo, MT 59855 May 26, 29, June 2, 5, 2022 MNAXLP __________________________
No. 28639 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Lorraine A. Olsen, Deceased. PROBATE NO. DP-22-175C NOTICE TO CREDITORS The undersigned GIVES NOTICE that he has been appointed Personal Representative of the above-named estate.. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims may be mailed to Jerry D. Olsen, Personal Representative, return receipt requested, at Faerber Law Firm, PLLC., 725 South Main Street, Kalispell, Montana 59901, or filed with the Clerk of the above-entitled Court. DATED this 4th day of May, 2022. /s/ Jerry D. Olsen May 22, 29, June 5, 2022 MNAXLP __________________________